Terms, Conditions and Acceptable Use
This agreement is made and entered between Z-WEB Enterprises Hosting & Design services, hereinafter referred to as Z-WEB and the Customer, who wishes to use the services of Z-WEB in accordance with our policies.
Now, therefore, in consideration of the foregoing premises and the mutual covenants hereinafter set forth, the parties hereto agree as follows:
In order to provide its customers quality services, Z-WEB requires that all Customers adhere to the guidelines, policies, terms and conditions as described herein. Z-WEB reserves the right to change, amend or modify these guidelines, from time to time, without any prior notice to the Customer. By establishing an account and becoming a Z-WEB customer you hereby acknowledge that you have read, understood and agreed to adhere to this acceptable use policy. In addition, you also recognize that failure to comply with these regulations may result in the termination of your account and services at any time with or without notice. Your use and/or continued use of the services and maintenance of your account shall be deemed an acceptance of this Acceptable Use Policy and any modification that may be amended thereafter.
The Acceptable Use Policy shall be used in conjunction with any other terms and conditions or service agreements that are made available to the Customer. In an industry that provides and promotes free dissemination of information, Z-WEB must take the necessary precautions and reserves the right to take certain preventive or corrective actions in order to protect its own rights and the rights of its Customers. Z-WEB periodically monitors sites ONLY for information or the storage of sexually explicit material, that may be transmitted or disseminated, by its Customers when using its Services. These actions are strictly prohibited on Z-WEB hosting servers. As such, it is the responsibility of each Customer to exercise their best judgment in relying on the information obtained via the Internet or the information that it transmits to others via the Internet. Recognizing that much of the information may contain some offensive material, Z-WEB disclaims any liability for injury to its Customers or other third parties that results from inaccurate, unsuitable, offensive or illegal Internet communications. It is for these reasons that Z-WEB has set forth these guidelines and restrictive policies for its Customer to adhere to.
Acceptable and Restricted Use of Services:
All services provided by Z-WEB shall be used by the Customer for lawful purposes and in compliance with all applicable laws. Since Z-WEB is not a content provider and does not monitor the content being transmitted, posted or stored by the Customer, it's the Customers responsibility to determine what laws or regulations are applicable to its use of the Services and Products provided. Customer is strictly prohibited from storing, posting, transmitting, re-transmitting or distributing material on or through any of the Services or Products which in the sole discretion of Z-WEB;
- is in violation of any local, state, federal or non-United States law or regulation,
- threatening, obscene, indecent, defamatory or that other-wise could adversely affect any individual, group or entity (collectively, "Persons")
- violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by Customer
- that is a direct or indirect threatens physical harm,
- that displays child pornography or any sexually explicit material,
- information that is determined to be harassing in nature,
- material and programs that contain viruses or Trojans or tools to compromise the security of others,
- deceptive on-line marketing practices, or
- actions that restrict or inhibit any persons, whether a Customer of Z-WEB or otherwise, in its use or enjoyment of Z-WEB Services or Products.
Network and Systems Security:
Customer shall not utilize any of Z-WEB Services to compromise the security or tamper with the Z-WEB system, network or accounts on any of Z-WEB computers, routers, terminal servers, or other equipment that is located at Z-WEB hosting site. Customer shall be specifically prohibited, without limitation, of the following:
- Introduction of malicious programs into the network;
- Effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section "disruption" includes, but is not limited to, port scans, flood pings, packet spoofing and forged routing information.
- Executing any form of network monitoring which will intercept data not intended for the Customers server
- Circumventing user authentication or security of any host, network or account
- Interfering with or denying service to any user other than the Customers host (for example, denial of service attack).
- Using any program/script/command, or sending messages of any kind, designed to interfere with, or to disable, a users terminal session, via any means, locally or via the Internet
- Creating an "active" full time connection on a Company-provided dial-up account for Internet access by using artificial means involving software, programming or any other method
- Utilizing a Company-provided dial-up account for purposes for Internet access other than facilitating connectivity to the Services and Products provided by the Company. This includes copying or creating files utilizing more than 5MB of disk space on the dial-up account servers
- Failing to comply with the Company procedure relating to the activities of customers on the Company premises. Customer is required to protect the security of it's Internet account, password and its usage.
Penalties:
Any and all restrictive activities are subject to immediate termination of a Customer's account. Customer may also be subject to any and all criminal and civil penalties available under the law. Accounts that have been terminated as a result of abuse or violation of the Acceptable Use Policy shall not be re-opened and Customer shall not be reimbursed for any fees that may have been paid whose services had been suspended or terminated for reasons stated herein.
Indemnification:
Customers agree to indemnify, waive and hold Z-WEB, its officers, directors, shareholders, employees, agents, subsidiaries and affiliates harmless from any and all claims and expenses related to the Customer's violation of this AUP, including any abusive or unlawful behavior on the part of the Customer or anyone using the Customer's account or the infringement of any intellectual property or privacy rights of any person or entity. This shall mean that Customers can not sue or recover damages whatsoever from Z-WEB as a result of Z-WEB decision to remove material from its servers, warn you, suspend or terminate Customer's account or take any other action during the investigation of a suspended violation or as a result of Z-WEB conclusion that violation has occurred.
Restricted Use of Mail:
The following mail practices are strictly prohibited:
- Sending unsolicited mail messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material, who were not previous customers of the Customer or with whom the Customer does not have an existing business relationship ("E-mail spam").
- Harassment, whether through language, frequency or size of messages.
- Unauthorized use, or forging, of mail header information.
- Solicitations of mail for any other E-mail address other than that of the posters account or service with the intent to harass or to collect replies.
- Creating or forwarding "chain letters" or other "pyramid schemes" of any type.
- Use of unsolicited E-mail originating from within Z-WEB network or networks of other Internet Service Providers on behalf of, or to advertise, any service hosted by Z-WEB, or connected via Z-WEB network.
Billing Procedures:
Customers are responsible to make timely payments. Customers must furnish accurate and correct personal or corporate billing information. It is Customers responsibility to make sure that their accounts are kept up to date and current. Customers who choose to make payment with credit cards must provide their full name, credit card billing address, credit card number and expiration date.
It is the Customers responsibility to timely notify the billing department of any changes in its credit card account. Payment for all Services and Products by fraudulent means, including without limitation, false names, unauthorized use of credit cards, false date will result in immediate and permanent termination of the account and possible criminal penalties. Customers will be charged an additional fee of $25.00 for any returned checks, or unprocessed credit card charges. Failure by Customer to make timely payments may result in Z-WEB canceling any Customer account without notice due to non-payment. Any account deactivated for non-payment, will require a $75.00 fee to re-activate the site. If payment is not made within 30 days after the due date, then ALL files shall be removed permanently from the web server.
In the event that Account holder fails to timely make full payment of each invoice, Z-WEB Reserves the right to charge interest (at a rate of 21% annually, on accounts over 15 days past due), late fees and/or reactivation charges on the delinquent Account holders account. In the event of cancellation by Customer. Customer must contact Z-WEB billing department. NON-USAGE OF AN ACCOUNT OR NON-PAYMENT IS NOT PROOF OF CANCELLATION OF SERVICE. Z-WEB Reserves the right to seek the collection of payments owed by all means available to it by law. Account-holders are responsible for full payment on all accounts whether or not the account is ever utilized.
All original unopened software must be returned to Z-WEB in order for account holder to be entitled to any refund. In the event that Account holder fails to return the original unopened software to Z-WEB, Account holder will be billed for a minimum of one month's service. Any billing discrepancies shall be presented to Z-WEB in reasonable detail, in writing, within fourteen (14) days of the date of the charge. Such notification shall not relieve Customer of the obligation to make all payments including the amounts disputed by the due date. Z-WEB shall not be obligated to consider any Customer notice of billing discrepancies which are received by Z-WEB more than fourteen (14) days following the date of the invoice in question. If a Customer fails to dispute any charge after fourteen (14) days from the date of the charge, Customer waives its rights to thereafter make any such dispute and all such charges will be deemed valid.
Z-WEB makes no warranties as to the availability or right to use of any login name, E-mail address, or domain names. Login names, E-mail addresses and domain names that are NOT confirmed at the time of sign-up of any Customer. Payments by check does not guarantee that the domain names are available and/or confirmed at time of sign-up. Z-WEB will not refund any charges for reprinting of stationary or any other losses incurred.
Z-WEB MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF BILLING, OR THE QUALITY OF SERVICES PROVIDED OR TO THE WARRANTY OF MERCHANTABILITY OR TO FITNESS FOR A PARTICULAR PURPOSE.
Customer agrees that at the end of the term of the account initially agreed to by Customer or any term thereafter, Z-WEB may, at its sole discretion, automatically renew such Internet account for an additional term. Customer further agrees that upon renewal of such an account, Z-WEB may continue to charge Customer's credit card or seek other form of payment from Customer, for which Customer shall be responsible for. In the event that Customer does not wish Z-WEB Enterprises to automatically renew such Internet account, it is Customer's sole responsibility to notify Z-WEB of such intent prior to the expiration of such term. Z-WEB may also, from time to time, provide Customers updates or changes to the Customer's account information, as it may be deemed necessary.
DISCLAIMERS:
Z-WEB Enterprises to the fullest extent permitted by law, disclaims all warranties, including warranty of merchantability, fitness for a particular purpose and non-infringement of third party rights. Z-WEB makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, graphics, and/or links. Neither Z-WEB or its directors, employees, licensors, content providers , affiliates or other representatives will be liable for any damages whatsoever, including without limitation any direct, indirect, incidental, consequential, special and exemplary damages, arising from the use or performance of this web site or from any information, services or products represented or provided through this web site, even if Z-WEB has been advised of these damages. This document and all other documents and information that are or may be published from time to time on this web site could include technical inaccuracies or typographical errors. Changes are made periodically to the information contained herein. Z-WEB. May make improvements and/or changes in the documents, services, products and or the programs described herein at any time.
Intellectual Property Rights:
Customer acknowledges and agrees that any and all copyrights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws protect all content and materials made available on the Z-WEB web site. Nothing contained on the Z-WEB web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process or related material belonging to Z-WEB by virtue of being displayed or made accessible on any Z-WEB web site. Except as expressly authorized by Z-WEB, Customer agrees not to use this site or the Services in any manner that would infringe, violate, dilute or misappropriate any such rights with respect to any material which Customer accesses through this web site or the use of Services. All policies stated herein are subject to change at Z-WEB sole discretion. Customer shall be responsible for adhering to any new policies implemented by Z-WEB.
CONDITIONS:
The application and this Agreement constitute a legal and binding contract between Z-WEB and the Customer and does not extend to any other person or entity. Cancellations after the application is received and web space is set-up will still hold the Customer responsible for costs incurred by Z-WEB concerning the set-up of the web space. All cancellations must be phoned in to Z-WEB's Business support department. To contact Z-WEB phone 1-828-883-3922.
WARRANTIES:
With respect to the services to be provided herein, the Customer acknowledges that Z-WEB makes absolutely no warranties whatsoever, express or implied. As a result, the Customer agrees that Z-WEB shall not be liable to the Customer for any claims, damages or loss of profit which may be suffered by the Customer or any other entity in any respect for direct, indirect, consequential, actual, or punitive damages arising out of or in relation to the services provided herein, including, but not limited to, losses or damages resulting from the loss of data as the result of delays, non-deliveries, or service interruptions.
DOMAIN NAME:
If Z-WEB shall acquire an Internet Domain Name on behalf of the Customer, then in such case the Customer hereby waives any and all claims which it may have against Z-WEB, for any loss, damage, claim or expense arising out of or in relation to the registration of such Domain Name in any on-line or off-line network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the providing of this service by Z-WEB for any reason.
ENTIRE AGREEMENT AND UNDERSTANDING:
This instrument and the application for web space and services constitute the entire agreement between the parties, and represents the complete and entire understanding of the parties with respect to the subject matter of this Agreement.
RELATIONSHIP:
The parties hereto are independent entities and nothing contained in this Agreement shall be construed to constitute Customer and agent, employee, partner, independent contractor, joint ventures, or any other similar entity. Customers password and all account information will be treated as private and confidential and will not be disclosed or released to any third parties by Z-WEB, except legal law enforcement agencies, and then ONLY upon a legal court order delivered by such law enforcement agency seeking any information.
GOVERNING LAW:
This Agreement shall be governed by the laws of the State of North Carolina in the United States of America. Each party agrees that jurisdiction and venue for any and all claims, disputes or other matters arising out of the services provided herein and under this Agreement will only lie in Transylvania county, North Carolina. If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement and services provided herein, the prevailing party in such action shall be entitled to all reasonable costs to include attorney fees.
SEVERABILITY:
In the event that any term or provision of this Agreement is held by a court of competent jurisdiction to be illegal, unenforceable or invalid in whole or in part for any reason, the remaining provisions of this Agreement shall remain in full force and effect.
IN WITNESS WHEREOF:
The parties hereto, intending to be legally bound hereby, and in consideration of the covenants and agreements contained herein, do hereby execute this instrument, with each party warranting their ability to enter into this Agreement for the person or entity herein named as a party hereto. By submitting or signing an order form to/with Z-WEB, Customer agrees to all the terms and conditions of this Agreement.
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